Johor Court History
The judicial system in Johor Bahru started with the Police Court based on the Johore Police Code 1873. The Supreme Court was established in 1883. A scholar (ulama), Haji Muhamad Salleh was appointed as a Judge assisted by the Mufti Government Syed Salim al-Attas, as an Islamic Legal Adviser. The daily administration of the Court was carried out by Mubin Ibrahim as the Registrar of the Court, as well as several clerks and a Chinese interpreter named Eoo Joo Guan.
Following the influx of labourers from India, in 1888 the government hired Tambi Sabr Ali as a Tamil Interpreter. It is believed that books of Syarak Law were used as a guide for Judges following the Law of Justice in Johore was based on Islamic Laws such as the Kitab Perhimpunan Hukum-hukum Syarak al-Islam. The judicial system in Johore until 1911 was run by native (Bumiputera) officials while British officials, especially Legal Advisers, were gazetted as High Court Judges to hear cases involving only Europeans.
In accordance with Islam as the state religion, the Chief Judge is Datuk Haji Abdullah Musa, who was also the Mufti of Johore. In fact, the former Johore Kadi Assistant, Ungku Omar Ahmad was appointed as a Magistrate in Endau alongside his duties as Deputy Commissioner of the Endau Government. During the reign of Sultan Ibrahim, Majallah Al-Ahkam Al-'Adliyyah implemented by the Turkish Ottoman Empire in the 19th century was translated into Malay. The code is better known as Majalah Ahkam Johor and was used as an official guide for Syariah law in Johore in 1913.
Civil Courts in Malaysia are generally divided into types in accordance with the law of their establishment. For instance, the Subordinate Courts Act 1948 governs the establishment of Magistrates' Courts and Sessions Courts. While the Courts of Judicature Act 1964 provides the establishment of the High Court, the Court of Appeal and the Federal Court. This division of Courts is because each Court is subject to its own jurisdiction.
The structure of the Malaysian Judiciary is divided into two parts i.e. the Superior Courts and the Subordinate Courts. The highest court in Malaysia is known as the Federal Court, followed by the Court of Appeal and the High Court consisting of both the High Court in Malaya and High Court in Sabah and Sarawak. The Subordinate Courts consist of the Sessions Courts and the Magistrates’ Courts. The Special Court was established through the Federal Constitution on 20th March 1993 and has jurisdiction to try civil or criminal actions initiated by or against His Majesty the Yang di-Pertuan Agong or other Malay Rulers.
In relation to proceedings, each Court has its own proceedings and is supervised through their respective rules. Procedures of criminal trial in the Superior and Subordinate Courts are determined based on the Criminal Procedure Code. In August 2012, a new rule namely the Rules of Court 2012 was enacted to consolidate the rules relating to proceedings of civil case in the Magistrates’ Court, the Sessions Court and the High Court.
Now, the courts in the state of Johore can be divided into two parts, namely the North Johore Court and the South Johore Court. The North Johore Court consists of several districts in the northern Johore such as Muar, Segamat, Kluang, Tangkak and Batu Pahat. Whereas, the South Johore Court consists of the other districts, namely Johor Bahru, Kota Tinggi, Kulai and Pontian.